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Home My WebLink AboutResolution 2004-052 RESOLUTION NO. 2004-052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO RECERTIFYING MITIGATED NEGATIVE DECLARATION 2003-0007 PREPARED FOR GENERAL PLAN AMENDMENT 2003-0010 AND ZONE CHANGE 2003-0075 APN 030-081-027 and 033 (formerly 7250 Santa Ysabel, APN 030-081-005) (7257 Parriza Court/ Gearhart) WHEREAS, an application has been received from Kelly Gearhart for Morro Road Homes, LLC, 6205 Alcantara Avenue, Atascadero, California 93422) Applicant and Property Owner to consider a project consisting of a general plan amendment from GC (General Commercial) land use designation to HDR (High Density Residential); a zone change for a PD 7 Overlay; an amended CUP for a Master Plan of Development; and a tentative tract map for a 2 lot subdivision on APN 030-081-027 and 030-081-033 (Lots 6 and 10 of Tract 2446 as recorded in Map Book 20 at Pages 71-74 in the Office of the County Recorder, San Luis Obispo county); and, WHEREAS, an Initial Study and .Mitigated Negative Declaration 2003-0007 were prepared for the subject property and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on Tuesday, May 18, 2004 to consider the Mitigated Negative Declaration and recommended recertification by the City Council; and, WHEREAS, the City Council of the City of Atascadero held a public hearing on Tuesday, June 22, 2004 to consider the Mitigated Negative Declaration; and, NOW, THEREFORE, the City Council of the City of Atascadero hereby recertifies Mitigated Negative Declaration 2003-0007 based on the following Findings as shown on Exhibit A: L The Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. City of Atascadero Resolution No. 2004-052 Page 2 of 2 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts, which are individually limited,but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. On motion by Council Member O'Malley, and seconded by Council Member Clay the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, Scalise and Mayor Luna NOES: Council Member Pacas ABSENT: None ADOPTED: June 22, 2004 CITY OF ATASCADERO Dr. G rge Luna, Mayor Attest: Marcia McClure Torgerson, C.M.C., Vity Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney Thomas R. Gibson , Interim City Attorney (as of July 1 , 2004) iaia� e �e CITY OF ATASCADERO c�n> oi CERTIFIED MITIGATED NEGATIVE DECLARATION #2003-0007 6500 Palma Avenue Atascadero,CA 93422 805/461-5035 Applicant: Kelly Gearhart,6205 Alcantara Avenue,Atascadero,CA 93422 Project Title: Conditional Use Permit 2002-0085:4-unit multi-family residential building as part of a mixed use project. Project Location: 7250 Santa Ysabel Avenue;APN 030-081-005 Project Description: A proposal for to establish a 4-unit multi-family residential building located in a contiguous mixed-use commercial zone.One new multi-family building is proposed,one native tree is proposed to be removed. The property is located in the City Of Atascadero, on the east side of Santa Ysabel Avenue approximately 500 yards south of Highway 41.The project will gain access from Santa Ysabel. General Plan Designation: General Commercial Zoning District: Commercial Retail Project description AMENDED-Draft Mitigated Negative Declaration 2118/03 Findings: i. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals,when mitigation measures are incorporated into the project. 3. The project does not have impacts,which are individually limited,but cumulatively considerable,when mitigation measures are incorporated into the project. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly,when mitigation measures are incorporated into the project. Determination: Based on the above findings,and the information contained in the initial study 2002-0043 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project(see attachment). Prepared By: Glenn Rider, Associate Planner Date Posted: February 13, 2003 Public Review Ends: March 4, 2003 Attachments: Location Map Site Plan Primary Building Elevations Mitigation Monitoring Program 07/12/04 CUP 2002.0085 7250 Santa YsabeI.ISMND.gr.doc RESOLUTION NO. 2004-2004-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT 2003-0010, AMENDING THE GENERAL PLAN LAND USE DIAGRAM DESIGNATION OF APN 030-081-027 (Lot 10 of Tract 2446) FROM GC TO HDR (7257 Parriza Court/ Gearhart) WHEREAS, an application has been received from Kelly Gearhart for Morro Road Homes, LLC, 6205 Alcantara Avenue, Atascadero, California 93422) Applicant and Property Owner to consider a project consisting of a general plan amendment from GC (General Commercial) land use designation to HDR(High Density Residential) on APN 030-081-027 (Lot 10 of Tract 2446 as recorded in Map Book 20 at Pages 71-74 in the Office of the County Recorder, San Luis Obispo county); and, WHEREAS, the proposed amendment is in the public interest; and, WHEREAS, the proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan; and WHEREAS, the proposed amendment is compatible with existing development, neighborhoods and the environment; and, WHEREAS, the proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts; and WHEREAS, the proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring programs; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, May 18, 2004, studied and considered General Plan Amendment 2003-0010 and recommended approval of the general plan amendment on a 5:2 vote; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan Amendment application was held by the City Council of the City of Atascadero on June 22, 2004 at which hearing evidence, oral and documentary, was admitted on behalf of said general plan amendment; and City of Atascadero Resolution No. 2004-053 Page 2of4 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, June 22, 2004, studied and considered General Plan Amendment 2003-0010; and, NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOW: SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use Diagram of the City of Atascadero from GC to HDR. The City Council of the City of Atascadero finds as follows: a. The proposed amendment is in the public interest. b. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. C. The proposed amendment is compatible with existing development, neighborhoods and the environment. d. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. e. The proposed amendment is consistent with adopted EIR and mitigation monitoring program. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on June 22, 2004, approved General Plan Amendment 2003-0010 as follows: 1. Exhibit A: General Plan Land Use Diagram Amendment City of Atascadero Resolution No. 2004-053 Page 3 of 4 On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley, Scalise and Mayor Luna NOES: Council Member Pacas ABSENT: None ADOPTED: June 22, 2004 CI OF ATASC ERO By: Ge..rl- c.,- r. Geoije Luna,Mayor ATTEST: Mwt,,_. �� Marcia McClure Torgerson, C.M.C., t Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney Thomas R. Gibson , Interim City Attorney (as of July 1 , 2004) City of Atascadero Resolution No. 2004-053 Page 4 of 4 Exhibit A General Plan Land Use Diagram Amendment-GPA 2003-0010 {. General Plan Land Use Dia ram Amendment APN 030-081-027 Parriza Court Existing Zone: GC o�� , Amended Zone: HDR '"`� Santa Ysabel Ave MR11 /Vid/%j;, ��9'•; WE i h ��k � , Inlli